Thomas v. Williams et al

Filing 20

ORDER. IT IS ORDERED that counsel for petitioner shall meet with petitioner as soon as reasonably possible, if counsel has not already done so. IT IS FURTHER ORDERED that petitioner shall have ninety (90) days from the date of this order to FILE AND SERVE on respondents an amended petition for writ of habeas corpus.IT IS FURTHER ORDERED that the parties SHALL SEND courtesy copies of all exhibits to the Reno Division of this court. See Order for details/deadlines. Signed by Chief Judge Gloria M. Navarro on 7/30/2018. (Copies have been distributed pursuant to the NEF - MR)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 DESHAWN L. THOMAS, 10 Case No. 2:18-cv-00020-GMN-PAL Petitioner, ORDER v. 11 BRIAN WILLIAMS, et al., 12 Respondents. 13 14 15 This action is a petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 by Nevada state prisoner Deshawn L. Thomas. On June 29, 2018, this court 16 granted petitioner’s motion for counsel and appointed the Federal Public Defender to 17 represent petitioner in this action (ECF No. 9). On July 27, 2018, Thomas Lee of the 18 Federal Public Defender’s Office appeared on behalf of petitioner (ECF No. 12). The 19 court now sets a schedule for further proceedings in this action. 20 IT IS THEREFORE ORDERED that counsel for petitioner shall meet with 21 22 petitioner as soon as reasonably possible, if counsel has not already done so, to: (a) 23 review the procedures applicable in cases under 28 U.S.C. § 2254; (b) discuss and 24 explore with petitioner, as fully as possible, the potential grounds for habeas corpus 25 relief in petitioner’s case; and (c) advise petitioner that all possible grounds for habeas 26 corpus relief must be raised at this time in this action and that the failure to do so will 27 likely result in any omitted grounds being barred from future review. 28 1 1 2 3 IT IS FURTHER ORDERED that petitioner shall have ninety (90) days from the date of this order to FILE AND SERVE on respondents an amended petition for writ of habeas corpus, which shall include all known grounds for relief (both exhausted and 4 unexhausted). 5 6 IT IS FURTHER ORDERED that respondents shall have forty-five (45) days 7 after service of an amended petition within which to answer, or otherwise respond to, 8 the amended petition. If petitioner does not file an amended petition, respondents shall 9 have forty-five (45) days from the date on which the amended petition is due within 10 11 which to answer, or otherwise respond to, petitioner’s original petition. IT IS FURTHER ORDERED that, if and when respondents file an answer or 12 13 14 15 other responsive pleading, petitioner shall have thirty (30) days after service of the answer or responsive pleading to file and serve his response. IT IS FURTHER ORDERED that any state court record exhibits filed by the 16 parties herein shall be filed with an index of exhibits identifying the exhibits by number 17 or letter. The CM/ECF attachments that are filed shall further be identified by the 18 19 number or letter of the exhibit in the attachment. IT IS FURTHER ORDERED that the parties SHALL SEND courtesy copies of all 20 21 exhibits to the Reno Division of this court. Courtesy copies shall be mailed to the Clerk 22 of Court, 400 S. Virginia St., Reno, NV, 89501, and directed to the attention of “Staff 23 Attorney” on the outside of the mailing address label. Additionally, in the future, all 24 parties shall provide courtesy copies of any additional exhibits submitted to the court in 25 this case, in the manner described above. 26 DATED: 30 July 2018. 27 GLORIA M. NAVARRO, CHIEF JUDGE UNITED STATES DISTRICT COURT 28 2

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